Staff Working Draft of the Jumpstart Broadband Act, a
bill to require the FCC to allocate 255 megahertz of contiguous spectrum below 6
gigahertz for unlicensed use by wireless broadband devices.
Prospective Sponsors: Sen. Barbara Boxer (D-CA) and
Sen. George Allen (R-VA).
Date Circulated: November 19, 2002.
Source: Office of Sen. Allen.
[STAFF WORKING DRAFT]
NOVEMBER 19, 2002
107TH CONGRESS
2D SESSION S. ____
To require the Federal Communications Commission to allocate additional spectrum for unlicensed use by wireless broadband devices, and for other purposes.
IN THE SENATE OF THE UNITED STATES
NOVEMBER _____, 2002
Mrs. BOXER (for herself and Mr. ALLEN) introduced the following bill; which was read twice and referred to the Committee on _____________
A BILL
To require the Federal Communications Commission to allocate additional spectrum for unlicensed use by wireless broadband devices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Jumpstart Broadband Act’’.
SEC. 2. ENCOURAGEMENT OF NEW TECHNOLOGIES.
(a) UNLICENSED NATIONAL INFORMATION INFRASTRUCTURE DEVICES.---
(1) IMMEDIATE ALLOCATION OF SPECTRUM .---Within 180 days after the date of enactment of this Act, the Commission shall allocate not less than 255 megahertz of contiguous spectrum below 6 gigahertz for unlicensed use by wireless broadband devices while ensuring that Department of Defense devices and systems are not compromised.
(2) INTERFERENCE PROTECTION.---Within 180 days after the date of enactment of this Act, the National Telecommunications and Information Administration shall, after consultation with all interested agencies and parties, including the Department of Defense, establish standards for interference protection that is reasonably required to enable incumbent Federal, State, and local government agency users of spectrum allocated under paragraph (1) to continue to use that spectrum, and advise the Commission of those standards.
(3) DEVICE REQUIREMENTS.---Within 270 days after the date of enactment of this Act, the Commission shall—
(A) with respect to spectrum allocation under paragraph (1) and other unlicensed spectrum used for wireless broadband services, adopt minimal technical and service rules to facilitate robust and efficient use; and
(B) amend its rules to require that all wireless broadband devices manufactured after the effective date of those rules that operate in the spectrum allocated under paragraph (1)---
(i) be capable of 2-way data packet communication;
(ii) be designed and manufactured to maximize spectrum efficiency, to use the minimum power necessary to provide broadband service, and to minimize interference; and
(iii) meet the interference protection standards established under paragraph (2).
SEC. 3. DEFINITIONS.
(a) IN GENERAL.---In this Act:
(1) COMMISSION.---The term ‘‘Commission’’ means the Federal Communications Commission.
(2) BROADBAND SERVICE.---The term ‘‘broadband service’’ means high speed data service---
(A) via cable modem, digital subscriber line, wireless, satellite, or other telecommunications technology;
(B) capable of reliably transmitting voice, data, and video simultaneously between the Internet and residential households on a consistent basis and in compliance with quality of service standards established by the Commission to ensure robust service; and
(C) available to residential households.
(3) WIRELESS BROADBAND DEVICE.---The term ‘‘wireless broadband device’’ includes---
(A) U-NII devices (as defined in section 15.403(i) of title 47, Code of Federal Regulations); and
(B) other devices used to access wireless broadband services.
(b) TERMS DEFINED IN THE COMMUNICATIONS ACT OF 1934 .---Except as provided in subsection (a), any term used in this Act that is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153) has the meaning given that term in that section.